Are the two presumptions capable of reconciliation in

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Unformatted text preview: d at public expense. It suffices that the plaintiff is indigent. And the difference between paupers and indigent persons is that the latter are persons who have no property or sources of income sufficient for their support aside from their own labor though self supporting when able to work and in employment. (Acar v. Rosal, G.R. No. L‐21707, March 18, 1967) p. RIGHTS OF SUSPECTS Q: What are the Miranda rights? A: These are the rights to which a person under custodial investigation is entitled. These rights are: 1. Right to remain silent 2. Right to competent and independent counsel, preferably of his own choice 3. Right to be reminded that if he cannot afford the services of counsel, he would be provided with one 4. Right to be informed of his rights 5. Right against torture, force, violence, threat, intimidation or any other means which vitiate the free will 6. Right against secret detention places, solitary, incommunicado, or similar forms of detention 7. Right to have confessions or admissions obtained in violation of these rights considered inadmissible in evidence (Miranda v Arizona, 384 US 436, 1966) Note: Even if the person consents to answer questions without the assistance of counsel, the moment he asks for a lawyer at any point in the investigation, the interrogation must cease until an attorney is present. The “Miranda Rights” are available to avoid involuntary extrajudicial confession. The purpose of providing counsel to a person under custodial investigation is to curb the police‐state practice of extracting a confession that leads appellant to make self‐incriminating statements. (People vs. Rapeza, GR 169431, 3 April 2007) Q: What are the rights and limitations of a person in a preliminary investigation? A: 1. He cannot cross‐examine 2. No right to counsel except when confession is being obtained ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de...
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